FCC Denies KSQA Must-Carry Complaint Against Cox

The FCC has clarified that a must-carry TV station candemand that a cable operator carry it on its previous analog frequency, but noton its new digital channel.

That is because the FCC, to ensure that broadcasters couldmaintain continuity of channels in the digital age, decided that a broadcasterwould no longer be identified by its radio frequency, which was changing withdigital repacking, but instead by its program and system information protocol,or PSIP, which generally corresponds to its previous analog channel.

In dismissing a must-carry complaint by KSQA Topeka againstCox, the FCC said on Friday that the TV station could not demand carriage on Ch.12, its current DTV channel, but only on 22, its previous analog designation.

"The primary issue before us is whether KSQA has aright to demand carriage on Channel 12 of Cox's cable system when itsover-the-air broadcast channel is 12, yet its PSIP number is 22," said theFCC. Cox was carrying another station on ch.12 in September 2011 when KSQAinvoked its must-carry option, and didn't want to evict that station, CBS affiliateWIBW, from the channel.

After some back and forth without resolution, KSQA filed thecomplaint saying it was entitled to either 22 or 12. The FCC's Media BureauFriday said no dice.

"Under...our rules, KSQA's channel positioning choicemay attach only to its Major Channel Number as carried in its PSIP, namelyChannel 22, and KSQA is incorrect that it would also have a right to carriageon Channel 12. Therefore its demand that it be carried on Channel 12 must bedenied."

KSQA has also filed a request for the FCC to waive thechannel 22 designation and substitute Ch. 12. The Media Bureau suggested it wasready to deal with that request and have the issue resolved.

"Although we must dismiss KSQA's Complaint to be carriedon Channel 12," the bureau said, "we do so without prejudice to KSQArenewing its carriage demand and, if necessary, filing a renewed carriagecomplaint after its petition to change or delete its Major Channel Number 22 isresolved. We are hopeful that a renewed complaint will not be necessary becauseCox will comply with its carriage obligations in full after this ambiguity inKSQA's digital Major Channel Number is resolved."

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